What are the statutory foundations of administrative law?
Administrative law entails the amalgamation of public laws, which involves legislative statutes, constitutional provisions, executive directives and judicial opinions among others. The administrative law is mandated to address democratic legitimacy, the performance of administrative authority, control and discretion through the specification of the procedures, legal structures, standards and procedures to be used by the state agencies (Rosenbloom, 2018). It is founder founded on granting permission for institutional oversight by the courts.
Administrative law is founded on a number of principles; judgment must be exercised in a reasonable way making discretionary decisions, the law should follow fair procedures during the decision-making process not affecting an individual’s right or interests ( Kettl, 2017) . The administrative law also states that an individual to whom the legislature has delegated authority for a duty cannot sub-delegate it. In the event that the decision makers violate any of the principles, then the superior courts possess the inherent power to rectify such a failure.
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What is agency rulemaking?
Kerwin and Furlong defined (2018) defined agency rulemaking as the process through which independent agencies and executives utilize to develop and promulgate regulations. In a generalized manner, the legislatures first design broad policy mandates by passing statutes, and thereafter, the agencies, through the process of rulemaking, create regulations that are more robust. The federal agencies utilize rulemaking to come up with fresh regulations.
What types of categories exist for agency rules?
There are different categories that exist with regards to agency rules. The law recognizes three kinds of authority. That includes; actual authority, apparent authority and ratified authority. The three categories inform the extent of the formation and implementation of the agency rules (Kerwin & Furlong, 2018).
Actual authority is either principal or implied. The principal can either have an expressed conferred authority on the agent or have the authority implied on the agent. Apparent authority comes into existence when the principal’s conduct might make one reason that the third party’s position to have a belief that the agent was authorized to act. Ratification, on the other hand, allows the act to become binding to the third party (Kerwin & Furlong, 2018).
How are the rules enforced and made ?
Rulemaking takes a process before it can become law. First, the Congress passes a law tailored to address the economic or social need. The correct regulatory agency then develops the needed regulations for the implementation of the law. Such enabling legislation then makes it easy to implement the rule.
Administrative agencies are aptly granted the mandate to create regulations and enforce them. The agencies are under legal obligation to enforce regulations as provided in the stature. With regards to the Model State Administrative Procedure Act of 1981, an agency can add some remedies and at the same time enforcing a rule through filing a petition for civil enforcement for general jurisdiction in the courts (Kerwin & Furlong, 2018). The moment the agencies files a civil enforcement regulation, courts become in a position to provide declaratory relief, permanent or temporary injunction relief, or any other possible within the provisions of the law.
What is a legislative veto of an agency rule?
According to Kettl (2017), Legislative veto, in administrative law, refers to the provision that permits a congressional resolution to nullify a rulemaking or other possible actions that are taken by the executive agency. It was considered unconstitutional means of coming up with new law minus getting the required approvals from the Congress and the president.
References
Kerwin, C. M., & Furlong, S. R. (2018). Rulemaking: How government agencies write law and make policy . Cq Press.
Rosenbloom, D. H. (2018). Administrative law for public managers . Routledge.
Kettl, D. F. (2017). Politics of the administrative process . Cq Press.
